The intent of this article is to provide for those regulations which generally apply regardless of the particular zoning district.

(1)

Except where noted in this ordinance, the minimum size of principal residential dwellings shall be in compliance with this section. This section shall not apply to accessory dwelling units. In addition, the floor area of an accessory dwelling unit shall not count toward the minimum floor area required for the principal dwelling unit.

Minimum Floor Area Requirements for Dwellings (in sq. ft.)

*

Minimum square foot area requirements per unit.

**

Three-bedroom dwelling or two-bedroom dwelling with a den or other spare room that may be converted to a third bedroom.

***

Two-bedroom dwelling.

(2)

In the event of the construction of a single-family home upon a lot of record of 40 feet or less of frontage, the minimum size of a one-family dwelling may be 720 s.f. of first floor area. R-2 single-family upper and lower units shall use one-story requirements for each unit.

(3)

R-3A and R-3. All dwellings with one or more bedrooms shall have 650 s.f. per unit with a basement and 770 s.f. per unit without a basement. Efficiencies shall have 550 s.f. per unit with basement and 650 s.f. per unit without basement.

(Ord. No. 856, § 10, 8-7-23)

An accessory structure may be erected as an integral part of the principal use or building or may be erected detached from such principal use or building.

(1)

Requirements for all accessory structures.

A.

No accessory structure shall be built or placed upon any lot or parcel without an existing principal building.

B.

All finished materials shall complement the principal building, including roof-mounted solar panels, which must be flush-mounted.

C.

Accessory structures for the purpose of parking, storage, or similar shall be enclosed on all sides.

D.

Except where noted, accessory structures shall be factored in lot coverage standards as outlined in Section 4.05.

E.

In no instance shall an accessory structure be located within a dedicated public or private easement or public right-of-way.

(2)

Attached. Accessory structures attached to the principal building shall comply in all respects with zoning ordinance and building code requirements applicable to the principal building.

(3)

Detached. The following provisions apply to detached accessory structures in residential districts:

A.

Quantity.

1.

A maximum of two accessory structures are permitted, not to exceed an aggregate total of the maximum square-footage permitted in Section 5.03.E.

B.

Location.

1.

Except as permitted in Section 5.03.C., detached accessory structures are permitted in the side or rear yard only.

2.

No detached accessory structure shall be nearer than five feet to the side lot line or rear lot line.

3.

A detached accessory structure shall not be located closer than ten feet to the principal building or any other building or structure, except for fences, located on same lot/parcel or on an adjacent lot/parcel.

4.

For corner lots.

a.

If the primary purpose of a new detached accessory structure is designated for parking of vehicles or storage of vehicles, and that new detached accessory building fronts the secondary/non-addressed street, then it shall be located to the rear of the primary building and shall not be constructed beyond the minimum front yard setback required in the respective zoning district.

b.

If the primary purpose of a new detached accessory structure is designated for parking of vehicles or storage of vehicles, and that new detached accessory building fronts the primary/addressed street, then it shall not be constructed beyond the minimum front yard setback required in the respective zoning district.

C.

Height.

1.

No detached accessory structure shall exceed a height of 15 feet from ground level except as permitted in subsection 2. below.

2.

In the R-2 district, one detached accessory structure may have a maximum height of 24 feet or equal to the height of the principal building on the same lot/parcel, whichever is less, if an accessory dwelling unit (ADU) is installed on the second story/floor at the time the detached accessory structure is constructed.

D.

Maximum size/area.

E.

Swimming pools. No such portion shall be located within the primary or secondary front yard; side and rear yard setbacks shall not be less than 15 feet. Fencing shall be provided in advance of utilizing the pool and designed/built as required by the most current edition of the International Building Code.

F.

Landscape ponds shall be subject to the following: (See definition)

1.

A landscape pond may be constructed as an ancillary element to residential use only. A landscape pond may not be developed on a lot which does not contain a principal building.

2.

The water source for the landscape pond may be an open source of water (waterfall, simulated creek, etc.) provided it is ten feet or less from the landscape pond, six to eight inches in depth and is three feet or less in width (water surface).

3.

The landscape pond shall meet the setback requirements as specified for swimming pools in section 5.03.E.

(Ord. No. 675, §§ 1—4, 12-15-03; Ord. No. 856, § 11, 8-7-23; Ord. No. 876, § 1, 5-19-25)

(1)

Temporary structures. All temporary structures including, but not limited to, greenhouses, trailers, portable tents, mobile homes, temporary dwellings, etc.,

(2)

General standards—Public property or rights-of-way. Temporary structures proposed in the public right-of-way or other public land shall be governed by applicable city policies.

(3)

General standards—Private property. Temporary structures on private property shall:

A.

Not conflict with the activities nor interfere with the normal operations of the principal user and/or building on the site;

B.

Not be detrimental to property or improvements in the surrounding area;

C.

Not have substantial adverse effects or noise effects on nearby residential neighborhoods or to the public health, safety, or general welfare;

D.

Not include the construction of permanent buildings or structures;

E.

Comply with any applicable conditions of any prior zoning approvals that apply to a site or use on the site;

F.

Prior to installation, obtain any necessary building, mechanical, plumbing, electrical, temporary use permits or other permits that may be required;

G.

Contain sufficient land area to allow the temporary structure as well as accommodate the parking and traffic movement associated with the temporary structure;

H.

Conform to the applicable zoning district accessory structure setback requirements unless otherwise specified;

I.

Not occupy or obstruct the use of any fire lane; pedestrian path, accessible parking, or landscaped area required to meet the requirements of this zoning ordinance; and

J.

Be subject to the review, approval, and conditions of the various city departments and partner agencies including, but not limited to, the Saline Community Development Department, Saline Police Department, Saline Department of Public Works, Saline Area Fire Department, Washtenaw County, and the Michigan Department of Transportation.

(4)

Permit required. The zoning official may issue a permit for a temporary structure or building based upon receipt of a permit fee as applicable and a complete application, including:

A.

A site plan, showing permanent building locations, requested location of temporary structure, accessible parking areas, existing fire lanes and emergency access drives, and other relevant information as determined by the zoning official;

B.

A written statement demonstrating compliance with the requirements of this section;

C.

Written permission of the owner(s) for the structure to be placed on the property; and

D.

Any additional information/materials required by this section for specific uses, structures, activities, and events.

(5)

Structure specific regulations. The following structures are subject to additional regulations:

A.

Portable tent structures. Portable tent structures shall not be permitted as accessories for the temporary or permanent storage of automobiles or other materials within the city. Portable tent structures shall be permitted on a temporary basis only subject to the following conditions:

1.

Tents over 200 square feet in area require a tent certificate of occupancy;

2.

The building official reserves the right to inspect all portable tent structures, regardless of size, and ensure that the structure is installed and anchored properly;

3.

No signage may be printed on the tent structure itself; and

4.

Portable tent structures shall not remain erected for more than 72 hours unless approved otherwise as part of an approved temporary use subject to section 6.16 of the Saline Zoning Code or part of an approved transient/seasonal sale subject to section 5.12 of the Saline Zoning Code.

B.

Emergency temporary dwellings. Emergency temporary dwellings may be permitted upon a finding by the city that the principal residential structure has been destroyed in whole or forth herein have been met.

1.

An application for a permit for the emergency temporary use and installation of a mobile home, modular, or prefabricated dwelling unit shall be made to the zoning official. The application shall be accompanied by a plot plan showing the location of the proposed structure.

2.

The application shall be reviewed by a committee composed of the zoning official and two elected city council members, other than the zoning official. Approval of the application may be granted by a majority vote of the committee upon a finding that all of the following conditions are met:

a.

The principal residential structure has been destroyed in whole or in part by fire, explosion, or natural disaster and therefore is uninhabitable;

b.

The temporary dwelling unit shall be connected to public sewer and water;

c.

The temporary dwelling unit shall comply with all applicable zoning district requirements including setback, area, bulk, and other requirements, except minimum house size requirements.

3.

The granting of a permit for an emergency temporary dwelling unit shall be for a period of up to one year from the date of approval by the committee. Any conditions of approval shall be specified in writing on the permit.

4.

To guarantee compliance with the provisions of the ordinance and removal of the emergency temporary dwelling upon expiration of the permit, the city council may require a cash bond to be posted prior to the issuance of a permit.

C.

Temporary sale office or model home. The temporary sales office or model home shall be incidental to and necessary for, and directly related to, the sale or rental of real property in a new subdivision or housing project. The temporary office or model home shall be removed when 90 percent of the lots or units have been sold or leased, regardless of any time remaining on the permit or extension of the permit.

D.

Construction trailers. Temporary construction trailers shall be permitted only when the intended use is by a contractor or builder in conjunction with a construction project, and only after review and approval by the zoning official. Such temporary structures shall be removed immediately upon completion of the construction project and before a request for a final certificate of occupancy for the project.

E.

Non-construction trailers and temporary stands. Non-construction trailers and temporary stands shall not be permitted as accessories for the temporary or permanent storage of automobiles or other materials within the city. Such structures shall be permitted only in conjunction with an approved transient or seasonal sale permit.

(Ord. No. 868, § 1, 8-19-24)

No principal single-family dwelling (site built), mobile home, modular housing, or prefabricated housing located outside a mobile home park or mobile home subdivision shall be permitted unless said dwelling unit conforms to the following standards:

(1)

Square footage. Each such dwelling unit shall comply with the minimum square footage requirements of this ordinance for the zone in which it is located.

(2)

Dimensions. Each such dwelling unit shall have a minimum width across any front, side, or rear elevation of 20 feet and shall comply in all respects with the building code, including minimum heights for habitable rooms. Where a dwelling is required by law to comply with any federal or state standards or regulations for construction and where such standards or regulations for construction are different than those imposed by the state construction code commission, then and in that event such federal or state standard or regulation shall apply.

(3)

Foundation. Each such dwelling unit shall be firmly attached to a permanent foundation constructed on the site in accordance with the building code and shall have a wall of such dimensions to adequately support the dwelling. All dwellings shall be securely anchored to the foundation in order to prevent displacement during windstorms.

(4)

Undercarriage. Dwelling units shall not be installed with attached wheels. Additionally, no dwelling shall have any exposed towing mechanism, undercarriage, or chassis.

(5)

Sewage disposal or water supply. Each such dwelling unit shall be connected to public sewer and water.

(6)

Storage area. Each such dwelling unit shall contain a storage capability area either in a basement located under the dwelling, in an attic area, or in a separate or attached structure of standard construction similar to or of better quality than the principal dwelling, which storage area shall be equal to ten percent of the square footage of the dwelling or 100 square feet, which ever shall be less.

(7)

Architecture and compatibility. The compatibility of design and appearance shall be determined in the first instance by the zoning official. The zoning official may also refer any determination of compatibility to the planning commission. Any determination of compatibility shall be based upon the character, design, and appearance of one or more residential dwellings located outside of mobile home parks within 500 feet of the subject dwelling. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity.

All homes shall have a roof overhang of not less than six inches on all sides or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling. The dwellings shall not have less than two exterior doors with the second one being in either the rear or side of the dwelling. Steps shall also be required for exterior door areas or to porches connected to said door areas where a difference in elevation requires the same. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(8)

Additions. Each such dwelling unit shall contain no addition or room or other area which is not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein.

(9)

Code compliance. Each such dwelling unit shall comply with all pertinent building and fire codes. In the case of a mobile home, all construction and all plumbing, electrical apparatus, and insulation within and connected to said mobile home shall be of a type and quality conforming to the "Mobile Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, and as from time to time such standards may be amended or superseded. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements.

(10)

Building permit. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the applicable building code provisions and requirements.

(11)

Exceptions. The foregoing standards shall not apply to accessory dwelling units and mobile homes located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this ordinance and pertaining to such parks. Mobile homes which do not conform to the standards of this section shall not be used for dwelling purposes within the city unless located within a mobile home park or a mobile home subdivision district for such uses, or unless used as a temporary residence as otherwise provided in this ordinance.

(Ord. No. 856, § 12, 8-7-23)

The mobile home code, as established by the mobile home commission and the state department of public health rules under the authority of 1987 PA 96, as amended, regulates development of mobile home parks. All mobile home parks must be constructed according to the standards of the code. In addition to the rules and standards of the state, the city imposes the following conditions:

(1)

Mobile home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Mobile Home Commission Act, Act 96 of 1987, as amended and subsequently adopted rules and regulations governing mobile home parks.

(2)

Mobile home parks shall not be permitted on parcels less than ten acres in size.

(3)

Individual mobile home sites within a mobile home park shall have a minimum lot size of 5,500 s.f. per mobile home being served. This 5,500 s.f. minimum may be reduced by 20 percent, provided that the individual site shall be equal to at least 4,400 s.f. For each square foot of land gained through this reduction of the site below 5,500 s.f., an equal amount of land shall be dedicated as open space. In no case shall the open space requirements be less than that required under R125.1946, Rule 946 of the Michigan Administrative Code.

(4)

The on-site storage of boat trailers, boats, camping units, horse trailers and similar recreational equipment shall be prohibited on mobile home sites and in designated open space areas. The mobile home park may provide, within the confines of the park, a common outdoor storage area for the storage of the above-mentioned equipment.

(5)

The minimum setback for mobile home parks shall be 50 feet from a public right-of-way. Mobile home parks shall be landscaped as follows:

A.

If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.

B.

If the park abuts a nonresidential development, the park need not provide screening.

C.

In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.

(6)

The landscaping shall consist of evergreen trees or shrubs of minimum three feet in height which are spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.

(7)

Mobile home parks shall be subject to preliminary plan review requirements in accordance with the Mobile Home Commission Act 96 of 1987, as amended.

(8)

A permit shall not be required for the construction or erection of canopies or awnings which are open on three sides. A building permit shall be required, however, before the construction of erection of any screened, glassed-in, or otherwise enclosed awning or canopy.

(1)

Multiple family dwellings located within the R-3A district shall be subject to the following:

A.

Lot area and density.

1.

Every lot in the R-3A district on which a principal permitted use is erected shall provide a minimum lot area of 7,800 s.f. for the first living unit, and not less than 2,250 s.f. of lot area for each additional dwelling unit with one bedroom, and not less than 3,000 s.f. of lot area for each additional two-bedroom unit, and not less than 3,750 s.f. for each additional three or four bedroom unit. Every such lot shall have a minimum total area of one-half acre, and a minimum width of 100 feet; excepting, however, lots of record at the time this provision becomes effective which do not meet these minimum requirements.

2.

The maximum density of dwelling units per acre in R-3A districts shall be as follows:

(a)

One-bedroom units: 12 per acre.

(b)

Two-bedroom units: ten per acre.

(c)

Three- and four-bedroom units: nine per acre.

B.

Yard requirements.

1.

Front, side and rear yards shall comply with section 4.05.

2.

If more than one building shall be constructed on the same site, the following minimum distance between buildings shall be:

(a)

Seventy feet when front to rear, front to front, and/or rear to rear.

(b)

Twenty-five feet end to end.

(c)

Fifty feet end to front and/or end to rear.

3.

No required yard space or minimum distance between buildings shall be used for required parking, drives or aisles, except that a maximum of 15 percent of these required distances between buildings and required yards may be used for parking, after the off-street parking requirements of this ordinance have been met.

C.

Maximum units per floor. No more than eight dwelling units per floor may be built in a rectangular building and no more than 12 dwelling units per floor in a T or L shaped building. The intersecting building projection that forms the T or L shall be at least 20 feet long from the inside corner to the end wall.

D.

Modulation required. Modulation is defined as a change in the vertical plane of the building facade. Building facades shall be modulated at least every 30 foot horizontally and at least every 20 feet vertically. Modulations shall measure at least three inches perpendicular to the building face.

E.

Undifferentiated facades prohibited. Differentiation is defined as a visual relief or change in the surface of a building. Undifferentiated facades shall not exceed 20 feet horizontally or 15 feet vertically. Walls can be differentiated by:

1.

Changes in siding texture;

2.

Changes in surface texture;

3.

Details such as trim and brackets;

4.

Building projections such as bay windows, dormers, balustrades;

5.

Change in color.

F.

Blank facades prohibited. Blank facades shall not be visible from public rights-of-way or adjacent single-family properties. Blank facades can be alleviated through use of windows, architectural detail, modulation, or differentiation.

G.

Architectural compatibility. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity.

H.

Floor area. Each dwelling unit shall comply with the requirements set forth in section 5.02(3).

(2)

Multiple family dwelling located within the R-3 district shall be subject to the following:

A.

Lot area and density.

1.

Every lot in an R-3 district on which a multiple-family dwelling is to be erected shall provide a minimum lot area of 7,800 s.f. for the first living unit, and not less than 2,000 s.f. of lot area for each additional efficiency unit or dwelling unit with one bedroom and not less than 2,750 s.f. of lot area for each two-bedroom unit, and not less than 3,500 s.f. for each additional three-bedroom unit.

2.

The maximum density of dwelling units per acre in R-3 districts shall be as follows:

(a)

One-bedroom units: 18 per acre.

(b)

Two-bedroom units: 14 per acre.

(c)

Three- and four-bedroom units: 11 per acre.

B.

Yard requirements.

1.

Front, side and rear yards shall comply with section 4.05.

2.

If more than one building shall be constructed on the same site, the following minimum distance between buildings shall be:

(a)

Seventy feet when front to rear, front to front, and/or rear to rear.

(b)

Twenty-five feet end to end.

(c)

Fifty feet end to front and/or end to rear.

3.

No required yard space or minimum distance between buildings shall be used for required parking, drives or aisles, except that a maximum of 15 percent of these required distances between buildings and required yards may be used for parking, after the off-street parking requirements of this ordinance have been met.

C.

Maximum units per floor. No more than eight dwelling units per floor may be built in a rectangular building and no more than 12 dwelling units per floor in a T or L shaped building. The intersecting building projection that forms the T or L shall be at least 20 feet long from the inside corner to the end wall.

D.

Modulation required. Modulation is defined as a change in the vertical plane of the building facade. Building facades shall be modulated at least every 30 feet horizontally and at least every 20 feet vertically. Modulations shall measure at least three inches perpendicular to the building face.

E.

Undifferentiated facades prohibited. Differentiation is defined as a visual relief or change in the surface of a building. Undifferentiated facades shall not exceed 20 feet horizontally or 15 feet vertically. Walls can be differentiated by:

1.

Changes in siding texture;

2.

Changes in surface texture;

3.

Details such as trim and brackets;

4.

Building projections such as bay windows, dormers, balustrades;

5.

Change in color.

F.

Blank facades prohibited. Blank facades shall not be visible from public rights-of-way or adjacent single-family properties. Blank facades can be alleviated through use of windows, architectural detail, modulation, or differentiation.

G.

Architectural compatibility. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity.

H.

Floor area. Each dwelling unit shall comply with the requirements set forth in section 5.02(3).

(3)

Multiple family dwellings located within the R-2 district shall be subject to the following:

A.

Modulation required. Modulation is defined as a change in the vertical plane of the building facade. Building facades shall be modulated at least every 30 feet horizontally and at least every 20 feet vertically. Modulations shall measure at least three inches perpendicular to the building face.

B.

Undifferentiated facades prohibited. Differentiation is defined as a visual relief or change in the surface of a building. Undifferentiated facades shall not exceed 20 feet horizontally or 15 feet vertically.

Walls can be differentiated by:

1.

Changes in siding texture;

2.

Changes in surface texture;

3.

Details such as trim and brackets;

4.

Building projections such as bay windows, dormers, balustrades;

5.

Change in color.

C.

Blank facades prohibited. Blank facades shall not be visible from public rights-of-way or adjacent single-family properties. Blank facades can be alleviated through use of windows, architectural detail, modulation, or differentiation.

D.

Architectural compatibility. All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity.

E.

Floor area. Each dwelling unit shall comply with the requirements set forth in section 5.02(1).

(Ord. No. 675, §§ 5, 6, 12-15-03; Ord. No. 693, §§ 1—3, 7-10-06)

All home-based businesses, Tier 1, shall be in single-family residences subject to the following requirements:

(1)

A home-based business, Tier 1, shall be registered with the building inspector using a form developed by the city.

(2)

A home-based business, Tier 1, shall be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes. No more than 25 percent of the floor area of the dwelling shall be devoted to a home occupation.

(3)

A home-based business, Tier 1, shall not change the character of the building in which it is conducted.

(4)

A home-based business, Tier 1, shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation.

(5)

A home-based business, Tier 1, shall not generate sewage or water use in excess of what is normally generated from a single-family dwelling in a residential area.

(6)

No employees shall be permitted other than members of the immediate family of the resident in the dwelling unit.

(7)

All activities shall be carried on within an enclosed structure. There shall be no outside display or other external or visible evidence of the conduct of a home-based business, Tier 1.

(8)

No more than two customers, clients, students, or patients shall be permitted on the premises at any given time.

(9)

No signs advertising the home-based business shall be allowed on the premises.

(10)

A home-based business, Tier 1, shall be subject to inspection by the city building inspector and fire code official, as relevant to the nature of the business conducted, to ensure compliance with city ordinances and codes, and with applicable state laws. The city building inspector and fire code official may enter the premises for the purpose of inspecting during normal business hours.

(11)

A registered primary caregiver, as defined by and in compliance with the General Rules of the Michigan Department of Community Health, Mich. Admin. Code, R 333.101 through R 333.133 (the General Rules), the Michigan Medical Marihuana Act MCL 333.26421 et seq. (the Act), and the requirements of this section, shall be allowed as a home-based business, Tier 1.

a.

For purposes of this section, the terms "marihuana" and "medical use of marihuana" shall have the same meanings as given in Section 3 of the Act, MCL 333.26423.

b.

Since federal law is not affected by the Act or the General Rules, nothing in this section, or in any companion regulatory section adopted in any other provision of this ordinance, shall be construed as granting immunity from criminal prosecution under federal law. The Act does not protect users, caregivers or the owners of properties on which medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act.

c.

The following requirements for a registered primary caregiver shall apply:

1.

The medical use of marihuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act (MCL 333.26421 et seq.) and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.

2.

A registered primary caregiver must be located outside of a 1,000-foot radius from any school or library, as defined by Section 7410 of the Public Health Code (MCL 333.7410), to ensure community compliance with federal drug-free school zone requirements.

3.

Not more than one primary caregiver shall be permitted to service qualifying patients per dwelling unit.

4.

Not more than five qualifying patients shall be assisted with the medical use of marihuana within any given calendar week.

5.

All medical marihuana shall be contained within the primary residential structure in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient, as reviewed and approved by the city's building inspector.

6.

All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting or watering devices that support the cultivation, growing or harvesting of marihuana are located.

7.

If a room with windows is utilized as a growing location, any lighting methods that exceed the usual residential periods between the hours of 11:00 p.m. to 7:00 a.m., local time, shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.

8.

That portion of the residential structure where energy usage and heat exceeds typical residential use, such as a grow room, or where the storage of any chemicals such as herbicides, pesticides and fertilizers occurs, shall be subject to inspection and approval by the fire department to ensure compliance with applicable provisions of the fire code.

(12)

Any violation of this section shall be a municipal civil infraction punishable by a fine of up to $250.00.

(Ord. No. 738, § 1, 10-1-12; Ord. No. 756, § 1, 9-8-14)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the city. The construction of buildings associated with essential services shall be subject to the provisions of article 8, site plan review. Otherwise, the construction, maintenance, and alteration of essential services shall be exempt from the provisions of this ordinance.

(1)

No permit shall be granted for the moving of buildings or structures from without or within the limits of the city to be placed on property within said limits unless the zoning or code inspector shall have made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location, and will fully comply with the building code and other codes regulating public health, safety, and general welfare. A performance bond as established by the city council of sufficient amount to insure the cost of completing the building for occupancy within a period of not less than six months from date of permit shall be furnished before permit is issued.

(2)

Any building moved within a district and placed upon a foundation or any building moved into a district shall be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, certificates, and site plan review per the requirements of this ordinance.

(1)

General standards.

A.

An outdoor display shall be considered as an accessory to and conducted by the principal business use conducted on the premises unless part of an approved temporary use subject to section 6.16 of the Saline Zoning Code.

B.

Sales of merchandise unrelated to the principal use are prohibited unless part of an approved temporary use subject to section 6.16 of the Saline Zoning Code.

C.

The exterior of the premises shall be kept clean, orderly, and maintained.

D.

The city shall not be held liable or responsible for any type of damage, theft, or personal injury that may occur as a result of an outdoor display.

E.

An outdoor display shall be confined to normal business hours unless part of an approved temporary use subject to section 6.16 of the Saline Zoning Code.

(2)

Standards within D-1 and D-2 districts.

A.

An outdoor display may be located in front of or adjacent to the establishment. An outdoor display that extends beyond the property lines of the applicant shall require the permission of the affected property owners.

B.

If an outdoor display is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

(3)

Standards within all other non-residential and non-industrial districts.

A.

An outdoor display may not be located within the required front yard and shall not be located within any public road right-of-way.

B.

An outdoor display shall not occupy or obstruct the use of any fire lane; pedestrian path, accessible parking, or landscaped area required to meet the requirements of this ordinance.

C.

An outdoor display shall not occupy any parking area for more than 48 hours unless part of an approved temporary use subject to section 6.16 of the Saline Zoning Code.

(Ord. No. 736-1, § 2, 12-17-12; Ord. No. 868, § 2, 8-19-24)

(1)

Transient and seasonal sales. The sale of perishable, seasonal items, examples of which are Christmas trees, flowers and plants, pumpkins, and produce and beverages, by persons other than the owner or occupant of the premises, shall be permitted in the SPA-1, I-1, I-2, C-2, C-3, D-1, D-2 districts, and non-residential properties in residential districts.

(2)

General standards.

A.

Location. Transient or seasonal sales may not be located within the required front yard and shall not be located within any public road right-of-way.

B.

Access and parking. Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, accessible parking spaces, required landscape area, or create a traffic or safety hazard. Adequate on-site parking together with proper ingress and egress to the site shall be provided.

C.

Nuisance. Transient or seasonal sales shall be conducted in a manner so as not to create a public nuisance to neighboring properties.

D.

Duration. The permit issued under this section for transient and/or seasonal sales shall be valid for a maximum period of 90 days from the date of issuance. Any temporary structures shall be removed.

E.

Be subject to the review, approval, and conditions of the various city departments and partner agencies including but not limited to, the Saline Community Development Department, Saline Police Department, Saline Department of Public Works, Saline Area Fire Department, Washtenaw County, and the Michigan Department of Transportation.

F.

Special use. The sale of explosive materials, such as fireworks, requires special land use approval subject to article 9 of the Saline Zoning Code.

(3)

Permit required. Transient and seasonal sales shall be allowed only upon a zoning compliance permit issued by the zoning official. To secure a permit, an application for a permit shall be submitted which shall include the following:

A.

Name, address, and phone number of the merchant who will conduct the transient and/or seasonal sale.

B.

Written approval for such sales by the legal owner of the property affected.

C.

A site plan depicting the layout of the area where sales will be conducted, showing adequate on-site parking for the expected number of attendees, the location of any temporary structures being used, and other information as necessary to determine compliance with this section.

D.

Health department approval, where applicable.

E.

An action letter indicating special land use approval from the Saline City Council, where applicable.

F.

A permit fee as established by the city council.

G.

Permit applications for any concurrently proposed temporary structures, buildings, or uses.

(4)

Permit conditions. The zoning official, city departments, or partner agencies may attach conditions to the permit that would minimize disturbance to and compatibility with the area and surrounding land uses, and/or protect the public health, safety, and welfare.

(5)

Permit revocability. Permit may be revoked by the zoning official if the use becomes a nuisance or fails to comply with the provisions of this section.

(6)

Signs. Transient and seasonal sales may have up to two temporary signs for the duration of their permit. Such signs shall count towards a property's temporary signage allowance. Signage is otherwise subject to article 12 of the Saline Zoning Code. Signage shall be displayed in a neat and orderly manner. Signage may not be affixed to temporary structures.

(7)

Past nuisances. The city reserves the right to deny issuance of a transient and seasonal sales permit based on documented past nuisances associated with the property, vendors/participants, or applicants, as determined by the relevant city departments.

(8)

Exception. Farmers' markets may be located on public property as approved by the city council and are excluded from the requirements of this section.

(Ord. No. 736-1, § 3, 12-17-12; Ord. No. 868, § 3, 8-19-24)

(1)

Pet ownership of certain animals expressly owned by any residents shall be permitted in residential districts and shall include:

A.

Small animals (legal, nonprotected species) confined solely within the dwelling proper (e.g., rodents, birds and reptiles);

B.

Chickens confined solely within the rear yard area as defined in section 2.08 of the City of Saline Zoning Ordinance;

C.

Marine (fish) species except those prohibited by protective law;

D.

Domesticated dogs and household cats as single pets providing they are in compliance with chapter 14 of the City Code.

(2)

Keeping, possession, or harboring of live hogs, cows, sheep, goats, or any species of equines (except as exempted in city Code, section 14-4) is prohibited.

(3)

Keeping, possession, or harboring of protected species, except as federally approved, is prohibited. Keeping, possession, or harboring undomesticated animals of a wild or feral nature, or larger than a house cat, is prohibited.

(4)

Any person keeping chickens in a residential district must comply with the following:

A.

No keeping of roosters;

B.

Up to 12 hens per parcel;

C.

No slaughter of chickens on the premises;

D.

Waste materials (feed, manure, litter) shall be disposed of in a sanitary manner (which may include bagging or composting) and not piled or otherwise stored on the property;

E.

Chicken feed must be stored in a manner that is impervious to rodents;

F.

Chickens shall be provided with a secure, well-ventilated, roofed, and lockable enclosure subject to the height, dimensional, and setback requirements of detached accessory buildings in section 5.03 of the City of Saline Zoning Ordinance. The floors and walls of the structure shall be kept in a clean and sanitary condition. All enclosures for the keeping of chickens shall be so constructed as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure; and

G.

Chickens must be kept in their covered enclosure or in a fenced area at all times. During daylight hours, chickens may be allowed outside their covered enclosures in a securely fenced yard subject to the requirements of section 7.03 of the City of Saline Zoning Ordinance. Chickens shall be secured within their covered enclosure during non-daylight hours.

(5)

Any resident who keeps more than three dogs and/or cats shall be required to first obtain a special use permit from the city council after a public hearing held in the manner required for special use permits under the provisions of the zoning ordinance of the city.

Any resident who keeps more than three dogs and/or cats shall annually, on or before the first day of January, apply for and obtain from the city zoning official a zoning compliance permit, which application shall certify under oath that the applicant is in full compliance with all the provisions of this ordinance and all other ordinances pertaining to the keeping of dogs and cats in the city. The fee for such permit shall be as established by resolution of the city council.

(Ord. No. 853, § 1, 3-21-23)

The front yard area, and side yard along a street for corner lots, shall be used for ornamental purposes only, and nothing shall be placed thereon except trees, shrubs, flowers, or common landscape items of similar nature. Parking or storage of vehicles shall be restricted to driveways and shall be prohibited on lawn and landscape areas. One paved driveway, not exceeding 27 feet in width, and two house walks, not exceeding four feet wide shall be allowed in the front yard area, and shall be designed to install the least amount of paved area. No play equipment, play pads, or other items shall be constructed in the front yard area; provided, however, that this restriction shall not apply to public play-fields, parking lots, parks, school grounds, recreation areas or public alleys.

Detached accessory structures and buildings may be located in side or rear yards, subject to the requirements of this ordinance. Driveways may extend into side and rear yards to service a detached or attached garage. Parking or storage of vehicles in the rear yard shall be restricted to driveways and shall be prohibited on lawn and landscape areas.

(Ord. No. 856, § 13, 8-7-23)

Reconstruction or demolition of buildings or structures damaged by any means shall be commenced within two months of the date of partial destruction and shall be diligently carried on to completion within a period of one year after said partial destruction. When pending insurance claims require an extension of time or the city fire chief or state fire marshall determines additional time is necessary, a time extension may be granted provided that the property owner submits a certification from the insurance company, fire chief or state fire marshall attesting to the delay. Until such time as debris from the damage is fully removed, the premises shall be adequately secured by the owner to guarantee the health, safety and welfare of the general public.

The use of land for the storage, collection or accumulation of new or used building materials, new or used household items, auto parts, and other used materials, or for the dumping or disposal of broken concrete, scrap iron, junk, garbage, rubbish or other refuse or for ashes, slag or other industrial waste or by-products shall be strictly prohibited in all districts.

(1)

Site plan approval required. Preliminary and final site plan approval in accordance with Article 8 shall be required as a condition to the right to construct, expand or convert a site condominium project, provided, however, that preliminary and final site plans shall not be combined for site condominiums. In addition to the site plan, the applicant shall submit condominium documents for review and approval by the city attorney before final site plan approval.

(2)

General requirements.

A.

Each condominium lot shall be located with a zoning district that permits the proposed use.

B.

Each condominium lot shall front on and have direct access to a public street or a private street approved by city council. Such approval for a private street shall be obtained before final site plan approval.

C.

For the purposes of this ordinance, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located.

(3)

Site condominium agreement required; contents. The city shall, prior to approval of the final site plan, require the developer to enter into an agreement with the city, which agreement shall define the respective responsibilities of the city and the developer in regard to the conditions of approval and the physical development of the site condominium. Such agreement shall include, but may not be limited to:

A.

Any exception or modification of any requirements of this section. Provided, however, that such exceptions or modifications shall not authorize the violation of the then-effective zoning ordinances of the city.

B.

A progress schedule of the order and time of the installation of improvements in the site condominium.

C.

A provision that the developer shall construct the following improvements in accordance with said order and time schedule, and in accordance with city design standards, at no expense to the city.

1.

Streets, traffic control devices and pavement markings.

2.

Street lighting and security lighting.

3.

Curbs and gutters.

4.

Sidewalks, crosswalks and non-motorized pathways.

5.

Water mains, valves, gatewells, hydrants and laterals.

6.

Sanitary sewer mains, laterals and manholes.

7.

Storm sewer mains, laterals and manholes.

8.

Stormwater detention system.

9.

Grading which will prevent surface stormwater from causing damage to lots within the site condominium or to land adjacent to the site condominium.

10.

All improvements necessary to comply with the soil erosion and sedimentation control ordinance of the city.

11.

All street name signs and posts.

12.

All trees on lawn extensions in accordance with FHA and city specifications and ordinances.

13.

Monuments set at all boundary corners and deflection points and all road right-of-way intersections, corners and deflections points.

14.

Lot irons set at all condominium lot corners and deflections points of condominium lot lines.

15.

Water shutoff valves, catch basins and yard drains at the locations shown on the constructions plans approved by the city.

16.

Acceleration and deceleration lanes on streets abutting the tract of land being developed which are used for access to said tract, if needed for the traffic safety of persons entering and leaving said site condominium.

17.

Recreational facilities shown on the site plan.

18.

Buildings and other improvements conforming as near as is reasonably possible to the design concepts set forth in the approved site plan.

19.

All improvements necessary to comply with the City of Saline Phase II Stormwater Management Program.

D.

A provision that the owner shall make arrangements for all local distribution lines within a site condominium (excepting such facilities as are required by the Michigan Public Service Commission to be above ground) for telephone and all other communications systems and electric service to be placed underground entirely throughout a site condominium area, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways.

E.

A provision that the developer shall reimburse the city for all reasonable costs incurred by the city in connection with the review or approval of the plans and specifications for required subdivision improvements, and in connection with the inspection and testing of said improvements by city approved inspectors and testers during, and upon completion of, the construction thereof. Said reimbursement shall be made by the owner to the city at the time billed by the city and no building permits shall be issued while any amounts so billed are in default. The city shall advise the owner of all such costs incurred on a monthly basis.

F.

A provision that the developer shall pay a proportionate share of the cost of all improvements required to be constructed outside of the site condominium to protect the health, safety and welfare of the public as a result of the development of the site condominium; together with a description of said required improvements, the estimated cost thereof, the share of said estimated cost to be paid by the developer, and the proposed date of completion of said required improvements.

G.

A provision that all improvements required to be constructed inside and outside the site condominium shall be constructed in accordance with all statutes, ordinances, regulations and rules in effect at the time of construction.

H.

A provision that all internal site condominium streets, and all streets providing direct access to the subdivision, shall be designed and constructed so that they shall be not more than six inches below the established 100-year floodplain.

I.

A provision that the storm drainage system for the site condominium shall be designed and constructed to adequately convey any and all stormwaters underground in the event of at least a ten-year storm of a 30-minute duration.

J.

A provision that all provisions of the soil erosion and sedimentation control ordinance of the city shall be complied with during construction of the site condominium.

K.

Where public streets are planned, a provision that all street rights-of-way to be dedicated within the site condominium, or lying outside the site condominium but on land owned by the developer and planned for future development related to the site condominium, shall meet the requirements of the city master plan and/or the intercounty highway plan.

L.

A provision that all sidewalks adjacent to land owned by the developer and necessary to serve the site condominium, whether lying inside or outside the boundaries of the site condominium, shall be constructed by the developer prior to the time they are needed for use by the residents of the site condominium, or as soon thereafter as feasible, together with a description of said sidewalks and the proposed date of completion thereof.

M.

A provision that all buildings constructed with a "floodplain area" as shown on the site condominium shall be constructed to the standards provided in the latest edition of the "Flood Proofing Regulations" from the office of the Chief of Engineers, U.S. Army, Washington, D.C.

N.

A provision that the developer shall install street lighting conforming to city standards as shown on the final site plan at the owner's expense. The owner shall coordinate the installation of all street lighting with the public utility providing the electrical service with the city engineer or authorized designee with the understanding that no occupancy permits shall be issued by the city for any house not adequately served by streetlights.

O.

A provision that all required stormwater retention areas shall be designed and constructed to adequately store the volume of water projected to accumulate during a 100-year storm, and a description of the manner in which the cost of maintaining said areas will be borne in the future. A maintenance schedule shall be included in the master deed.

P.

A provision that all plans and specifications for the site condominium improvements shall be provided by the site condominium in sufficient number for review by the council, the planning commission, the staff and the city engineers; and that all cost incurred by the city in connection with the review, approval, or inspection of said plans, specifications and improvements shall be charged to and paid for by the developer.

(4)

Information required prior to occupancy. Prior to the issuance of occupancy permits for any condominium units, the developer shall submit the following to the city:

A.

A copy of the recorded master deed (including exhibits).

B.

A copy of any recorded restrictive covenants.

C.

A copy of the site plan on laminated photostatic copy or mylar sheet.

D.

Two copies of an "as-built survey."

E.

CAD or GIS electronic submittals of the site plan and "as-built survey."

(5)

Revision of condominium subdivision plan. If the condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the planning commission before any building permit may be issued, where such permit is required.

(6)

Amendment of master deed or bylaws. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the city attorney and planning commission before any building permit may be issued, where such permit is required. The planning commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the approved site plan.

(Ord. No. 679, § 1, 11-22-04; Ord. No. 872, § 1, 4-21-25)

(1)

For purposes of this section, "mobile food vending unit" means any vehicle operating in accordance with article IV, chapter 22 of the City of Saline Code of Ordinances.

(2)

One or more food vending units shall be allowed to operate on any parcel in the I-1, I-2, I-4, PB, OS, C-1, C-2, C-3, D-1, or D-2 zoning districts, as a primary or accessory use, with permission of the owner of the parcel.

(Ord. No. 801, § 1, 5-7-18)

(a)

The purpose of this ordinance is to regulate the use of land for small wireless communications facilities in conformance with the small wireless communication facilities deployment act, Act No. 365 of the Public Acts of 2018 (the "Act"). In doing so, the City of Saline (the "authority") wishes to ensure the reasonable and fair control and management of public rights-of-way, support new technology, avoid interference with right-of-way use, and protect the public, health, safety, and welfare.

(b)

Unless otherwise defined by this section, words shall have the meanings as set forth in the Act.

(c)

The activities set forth in section 15(5) of the Act are exempt from zoning review being:

(1)

The replacement of a small cell wireless facility with a small cell wireless facility that is not larger or heavier, in compliance with applicable codes.

(2)

Routine maintenance of a small cell wireless facility, utility pole, or wireless support structure.

(3)

The installation, placement, maintenance, operation, or replacement of a micro wireless facility that is suspended on cables strung between utility poles or wireless support structures in compliance with applicable codes.

(d)

A wireless provider may, as a permitted use not subject to zoning review or approval, except that an application for a permitted use is still subject to approval by the authority pursuant to section 15 of the Act, colocate small cell wireless facilities and construct, maintain, modify, operate, or replace utility poles in, along, across, upon, and under the ROW. Such structures and facilities shall be constructed and maintained so as not to obstruct or hinder the usual travel or public safety on the ROW or obstruct the legal use of the authority's ROW or uses of the ROW by other utilities and communications service providers. Both of the following apply:

(1)

A utility pole in the ROW installed or modified on or after the effective date of this act shall not exceed 50 feet above ground level, unless a taller height is agreed to by the authority and is subject to the special land use process.

(2)

A small cell wireless facility in the ROW installed or modified shall not extend more than five feet above a utility pole or wireless support structure on which the small cell wireless facility is colocated.

(e)

Per the Act, the authority requires zoning approval for certain activities that take place within or outside the public ROW that are not a permitted use under section 13(5) of the Act and section 5.19(4) which shall hereby be a special land use:

(1)

The modification of existing or installation of new small cell wireless facilities.

(2)

The modification of existing or installation of new wireless support structures used for such small cell wireless facilities.

(f)

Applications shall be submitted as required by article 9 of this ordinance.

(g)

Along with applicable zoning criteria, the authority shall not deny an application unless all of the following apply:

(1)

The denial is supported by substantial evidence contained in a written record that is publicly released contemporaneously.

(2)

There is a reasonable basis for the denial.

(3)

The denial would not discriminate against the applicant with respect to the placement of the facilities of other wireless providers.

The review is also subject to the following:

(4)

An applicant's business decision on the type and location of small cell wireless facilities, wireless support structures, or technology to be used is presumed to be reasonable. This presumption does not apply with respect to the height of wireless facilities or wireless support structures. The authority will consider the height of such structures in its zoning review, but shall not discriminate between the applicant and other communications service providers.

(5)

The authority shall not evaluate or require an applicant to submit information about an applicant's business decisions with respect to any of the following:

a.

The need for a wireless support structure or small cell wireless facilities.

b.

The applicant's service, customer demand for the service, or the quality of service.

(6)

Any requirements regarding the appearance of facilities, including those relating to materials used or arranging, screening, or landscaping, shall be reasonable.

Special land use criteria shall be used in the review of the applications under this section. The planning commission may consider spacing, setback, and fall zones that are substantially similar to those of other commercial structures. The planning commission may also consider aesthetics as it relates to the area of the proposal. The authority shall publish reasonable aesthetics criteria within a reasonable time.

(h)

The application fees under this Section shall be as follows:

(1)

One thousand dollars for a new wireless support structure or modification of an existing wireless support structure.

(2)

Five hundred dollars for a new small cell wireless facility or modification of an existing small cell wireless facility.

(i)

Within one year after a zoning approval is granted, a wireless provider shall commence construction of the approved structure or facilities that are to be operated for use by a wireless services provider unless the authority and the applicant agree to extend this period or the delay is caused by a lack of commercial power or communications facilities at the site. If the wireless provider fails to commence the construction of the approved structure or facilities within the time required pursuant to section 15(2)(l) of the Act, the zoning approval is void, and the wireless provider may reapply for a zoning approval.

(j)

The authority may revoke a zoning approval, upon 30 days' notice and an opportunity to cure, if the permitted small cell wireless facilities and any associated wireless support structure fail to meet the requirements of the approval, applicable codes, or applicable zoning requirements.

(k)

As it pertains to small cell wireless facilities, this section shall control over general telecommunications provisions found in section 6.11 "Wireless communication facilities.

(l)

If either the Act or the Order does not become effective or becomes ineffective or is modified due to court action or otherwise, this ordinance shall conform to the court order or amendment or in the absence of the Act or Order the authority may implement reasonable procedures as the authority deems appropriate to process applications."

(Ord. No. 809, § 1, 3-18-19)

(1)

Intent. The City of Saline finds that accessory dwelling units respect the look and character of the city's two-family residential zoning districts and: support more efficient use of existing housing stock and infrastructure; provide housing that responds to changing family needs, smaller households, and increasing housing costs; provide accessible housing for seniors and persons with disabilities; and support affordable housing goals.

(2)

Accessory dwelling units shall comply with the Stille-DeRossett-Hale Single State Construction Code Act (Act No. 230, P.A. 1972, as amended), as well as the following codes:

a.

Michigan Rehabilitation Code for Existing Buildings, 2015 as amended or updated.

b.

Michigan Residential Code, 2015 as amended or updated.

(3)

One accessory dwelling unit may be permitted on a lot with an existing single-family dwelling as the principal use.

(4)

Attached or detached accessory structures that contain an accessory dwelling unit shall comply with the dimensional requirements of section 5.03.

(5)

Floor area requirements.

a.

The total useable floor area of an ADU shall not exceed the maximums specified in the table below or the total useable floor area of the principal single-family dwelling on the same lot, whichever is less.

Table 5.20.5.a. Lot Area and Floor Area Requirements for Accessory Dwelling Units

(6)

Off-street parking shall be required according to section 13.04.

(7)

Sewer and water service for accessory dwelling units shall be provided through a connection to the existing services for the principal building. Separate service connections may be permitted for ADUs in cases where the city engineer determines that it is impractical to connect to existing services or approves a request from the property owner to do so.

(Ord. No. 856, § 14, 8-7-23)